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REV: 12-12-24 VR
<br />in offices, such as cleaning supplies, kept in small quantities and safely stored,
<br />neither City nor Landlord nor their agents, employees, contractors, sublessees,
<br />assignees or invitees shall use, handle, store, transport, release or dispose of
<br />any Hazardous Materials anywhere in, on, under or about the Property or any
<br />portion thereof. City and Landlord shall cause any and all Hazardous Materials
<br />brought onto, used, generated, stored or discharged in the Premises to be
<br />removed from the Premises and transported for disposal in accordance with
<br />applicable Hazardous Materials Laws. Landlord shall have the right to enter the
<br />Premises from time to time to conduct tests, inspections and surveys
<br />concerning Hazardous Materials and to monitor City's compliance with its
<br />obligations concerning Hazardous Materials and Hazard Materials Laws. City
<br />shall immediately notify Landlord in writing of any voluntary clean-up or removal
<br />action instituted or proposed by City, any enforcement, clean-up, removal or
<br />other governmental or regulatory action instituted or threatened, or any claim
<br />made or threatened by any person against City, the Premises, the Building, the
<br />Property, or any portion thereof, relating to Hazardous Materials or Hazardous
<br />Materials Laws. City shall also supply to Landlord as promptly as possible, and
<br />in any event within five (5) business days after City receives or sends same,
<br />copies of all claims, reports, complaints, notices, warnings or asserted
<br />violations relating in any way to the Premises or City's use thereof and
<br />concerning Hazardous Materials or Hazardous Materials Laws.
<br />11.2.Indemnification. Landlord shall indemnify, defend and hold City
<br />harmless from any claims, causes of action, liabilities, losses, damages,
<br />injunctions, suits, fines, penalties, costs or expenses (including attorneys' fees
<br />and expenses) caused or alleged to have been caused by Landlord pertaining
<br />to the presence of Hazardous Materials in or about the Premises, including,
<br />without limitation, any bodily injury, death, property damage, decrease in value
<br />of the Premises or Building, caused or alleged to have been caused by the use,
<br />storage, generation, presence or release of Hazardous Materials by Landlord,
<br />whether such claims, causes of action or liabilities are first asserted during the
<br />Term or thereafter, and including without limitation, claims made against the
<br />City with respect to bodily injury, death or property damage sustained by third
<br />parties caused or alleged to have been caused by the use, storage, generation,
<br />presence or release of Hazardous Materials by Landlord.
<br />12. DAMAGE AND DESTRUCTION.
<br />If, during the Term, the Building and other improvements that are part of the Premises
<br />are totally or partially destroyed from any cause rendering the Premises totally or
<br />partially inaccessible or unusable (“Casualty”), then Landlord shall have the right at
<br />Landlord's option to give written notice to City within 30 days after the date of the
<br />occurrence of such damage of Landlord's intention to either (i) repair such damage as
<br />soon as reasonably possible at Landlord's expense, or (ii) terminate this Agreement
<br />as of the date of the occurrence of such damage. If Landlord elects to repair the
<br />damage, and if the restoration can be made under then existing laws and can be
<br />completed within 30 working days after obtaining all necessary permits therefor, then
<br />Landlord shall restore the Building and improvements to substantially the same
<br />condition as they were in immediately before destruction. If the restoration cannot be
<br />so made, then within 15 days after the Parties determine that the restoration cannot
<br />ATTY/AGR.2024.221/Hunter Partners Sequoia, LLC (Sequoia Station PD Substation) (Page 5 of 13)
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