Common use of REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT Clause in Contracts

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. District represents, covenants, and warrants to Lessee that: A. The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease. B. There are no liens on the Site other than Permitted Encumbrances, as defined below. C. All taxes, assessments, or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full. D. The Site is properly zoned for the intended purposes and utilization of the Site, or the District intends to render zoning inapplicable pursuant to Government Code section 53094. E. The District is in compliance with all laws, regulations, ordinances, and orders of public authorities applicable to the Site. F. There is no litigation of any kind currently pending or, to the best knowledge of the District, threatened regarding the Site or the District’s use of the Site for the purposes contemplated by this Site Lease. G. To the best of the District’s knowledge, after actual inquiry: 1. No dangerous, toxic, or hazardous pollutants, contaminants, chemicals, waste, materials, or substances, as defined in or governed by the provisions of any state or federal law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos-containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, or containment that would subject the owner of the Site, Lessee, or Lessee’s subcontractors to any damages, penalties, or liabilities under any applicable Environmental Regulation (collectively, “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, or disposed of in, upon, under, over, or from the Site. 2. No threat exists of a discharge, release, or emission of a Hazardous Substance upon or from the Site into the environment. 3. The Site has not been used as or for a mine, a landfill, a dump, or other disposal facility, industrial or manufacturing facility, or a gasoline service station. 4. No underground storage tank is now located in the Site or has previously been located therein. 5. No violation of any Environmental Regulations now exists relating to the Site, no notice of any violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency that in any way relates to Hazardous Substances. 6. No person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., above. 7. There are not now any actions, suits, proceedings, or damage settlements relating in any way to Hazardous Substances in, upon, under, over, or from the Site. 8. The Site is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances sites maintained by any federal, state, or local governmental agency or entity. 9. The Site is not subject to any lien, claim for lien, or threat of lien in favor of any governmental agency or entity as a result of any release or threatened release of any Hazardous Substances. H. To the extent permitted by law, the District shall not abandon use of the Site for the use currently intended by the District and shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant to this Site Lease. I. The term “Permitted Encumbrances,” as used herein, shall mean, as of any particular time: 1. Liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants, covenants and warrants to the Lessee that: A. The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease.; B. There are no liens on the Site other than Permitted Encumbrances, as defined below.; C. All taxes, assessments, assessments or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full.; D. The Site is properly zoned (or subject to an exception from zoning) for the intended purposes purpose and utilization of the Site, or the District intends to render zoning inapplicable pursuant to Government Code section 53094.Site ; E. The District is in compliance with all laws, regulations, ordinances, ordinances and orders of public authorities applicable to the Site.; F. There Except for Validation Actions concerning the Project, there is no litigation of any kind currently pending or, to the best knowledge of the District, or threatened regarding the Site or the District’s use of the Site for the purposes contemplated by this Site Lease.; G. To the best of the District’s knowledge, after actual inquiryexcept for that which shall be disclosed by the District prior to the Project commencement date in the Notice to Proceed: (1. No ) no dangerous, toxic, toxic or hazardous pollutants, contaminants, chemicals, waste, materials, materials or substances, as defined in or governed by the provisions of any state State or federal law Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos-asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, pollutant or containment that contaminant which would subject the owner of the Site, Lessee, Site or the Lessee or the Lessee’s subcontractors to any damages, penalties, penalties or liabilities under any applicable Environmental Regulation (collectively, hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, deposited or disposed of in, upon, under, over, over or from the Site.; (2. No ) no threat exists of a discharge, release, release or emission of a Hazardous Substance upon or from the Site into the environment.; (3. The ) the Site has not been used as or for a mine, a landfill, a dump, dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station.; (4. No ) no underground storage tank is now located in the Site or has previously been located therein.; (5. No ) no violation of any Environmental Regulations Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency that which in any way relates to Hazardous Substances.; (6. No ) no person, party, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, environment or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., (1) above.; (7. There ) there are not now any actions, suits, proceedings, proceedings or damage settlements relating in any way to Hazardous Substances Substances, in, upon, under, over, under over or from the Site.; 8. The (8) the Site is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances Substance sites maintained by any federal, state, state or local governmental agency or entity.agency; and (9. The ) the Site is not subject to any lien, lien or claim for lien, lien or threat of a lien in favor of any governmental entity or agency or entity as a result of any release or threatened release release-of any Hazardous SubstancesSubstance. H. To the extent permitted by law, the District shall not abandon use of the Site for the use for which it is currently intended required by the District and further, shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant uses for which the Site and Project are to this be maintained under the Site Lease. I. The term “Permitted Encumbrances,” as used herein, shall mean, as of any particular time: 1. Liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. District represents, covenants, and warrants to Lessee that: A. The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease. B. There are no liens on the Site other than Permitted Encumbrances, as defined below. C. All taxes, assessments, or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full. D. The Site is properly zoned for the intended purposes and utilization of the Site, or the District intends to render zoning inapplicable pursuant to Government Code section 53094. E. The District is in compliance with all laws, regulations, ordinances, and orders of public authorities applicable to the Site. F. There is no litigation of any kind currently pending or, to the best knowledge of the District, threatened regarding the Site or the District’s use of the Site for the purposes contemplated by this Site Lease. G. To the best of the District’s knowledge, after actual inquiry: 1. No dangerous, toxic, or hazardous pollutants, contaminants, chemicals, waste, materials, or substances, as defined in or governed by the provisions of any state or federal law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos-asbestos- containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, or containment that would subject the owner of the Site, Lessee, or Lessee’s subcontractors to any damages, penalties, or liabilities under any applicable Environmental Regulation (collectively, “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, or disposed of in, upon, under, over, or from the Site. 2. No threat exists of a discharge, release, or emission of a Hazardous Substance upon or from the Site into the environment. 3. The Site has not been used as or for a mine, a landfill, a dump, or other disposal facility, industrial or manufacturing facility, or a gasoline service station. 4. No underground storage tank is now located in the Site or has previously been located therein. 5. No violation of any Environmental Regulations now exists relating to the Site, no notice of any violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency that in any way relates to Hazardous Substances. 6. No person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., above. 7. There are not now any actions, suits, proceedings, or damage settlements relating in any way to Hazardous Substances in, upon, under, over, or from the Site. 8. The Site is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances sites maintained by any federal, state, or local governmental agency or entity. 9. The Site is not subject to any lien, claim for lien, or threat of lien in favor of any governmental agency or entity as a result of any release or threatened release of any Hazardous Substances. H. To the extent permitted by law, the District shall not abandon use of the Site for the use currently intended by the District and shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant to this Site Lease. I. The term “Permitted Encumbrances,” as used herein, shall mean, as of any particular time: 1. Liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants, covenants and warrants to the Lessee that: A. The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease.; B. There are no liens on the Site other than Permitted Encumbrances, as defined below.; C. All taxes, assessments, assessments or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full.; D. The Site is properly zoned (or subject to an exception from zoning) for the intended purposes purpose and utilization of the Site, or the District intends to render zoning inapplicable pursuant to Government Code section 53094.Site ; E. The District is in compliance with all laws, regulations, ordinances, ordinances and orders of public authorities applicable to the Site.; F. There is no litigation of any kind currently pending or, to the best knowledge of the District, or threatened regarding the Site or the District’s use of the Site for the purposes contemplated by this Site Lease.; G. To the best of the District’s knowledge, after actual inquiryexcept for that which shall be disclosed by the District prior to the Project commencement date in the Notice to Proceed: (1. No ) no dangerous, toxic, toxic or hazardous pollutants, contaminants, chemicals, waste, materials, materials or substances, as defined in or governed by the provisions of any state State or federal law Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos-asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, pollutant or containment that contaminant which would subject the owner of the Site, Lessee, Site or the Lessee or the Lessee’s subcontractors to any damages, penalties, penalties or liabilities under any applicable Environmental Regulation (collectively, hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, deposited or disposed of in, upon, under, over, over or from the Site.; (2. No ) no threat exists of a discharge, release, release or emission of a Hazardous Substance upon or from the Site into the environment.; (3. The ) the Site has not been used as or for a mine, a landfill, a dump, dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station.; (4. No ) no underground storage tank is now located in the Site or has previously been located therein.; (5. No ) no violation of any Environmental Regulations Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency that which in any way relates to Hazardous Substances.; (6. No ) no person, party, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, environment or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., (1) above.; (7. There ) there are not now any actions, suits, proceedings, proceedings or damage settlements relating in any way to Hazardous Substances Substances, in, upon, under, over, under over or from the Site.; 8. The (8) the Site is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances Substance sites maintained by any federal, state, state or local governmental agency or entity.agency; and (9. The ) the Site is not subject to any lien, lien or claim for lien, lien or threat of a lien in favor of any governmental entity or agency or entity as a result of any release or threatened release release-of any Hazardous SubstancesSubstance. H. To the extent permitted by law, the District shall not abandon use of the Site for the use for which it is currently intended required by the District and further, shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant uses for which the Site and Project are to this be maintained under the Site Lease. I. The term “Permitted Encumbrances,” as used herein, shall mean, as of any particular time: 1. Liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants, covenants and warrants to the Lessee that: A. The District has good and merchantable fee title to the Site Sites and has authority to enter into and perform its obligations under this Master Site Lease.; B. There are no liens on the Site Sites other than Permitted Encumbrances, as defined below.; C. All taxes, assessments, assessments or impositions of any kind with respect to the SiteSites, if applicable, except current taxes, have been paid in full.; D. The Site is Sites are properly zoned (or subject to an exception from zoning) for the intended purposes purpose and utilization of the Site, or the District intends to render zoning inapplicable pursuant to Government Code section 53094.Site ; E. The District is in compliance with all laws, regulations, ordinances, ordinances and orders of public authorities applicable to the Site.Sites; F. There Except for Validation Actions concerning the Projects, there is no litigation of any kind currently pending or, to the best knowledge of the District, or threatened regarding the Site Sites or the District’s use of the Site Sites for the purposes contemplated by this Master Site Lease.; G. To the best of the District’s knowledge, after actual inquiryexcept for that which shall be disclosed by the District prior to the Project commencement date in the Notice to Proceed: (1. No ) no dangerous, toxic, toxic or hazardous pollutants, contaminants, chemicals, waste, materials, materials or substances, as defined in or governed by the provisions of any state State or federal law Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos-asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, pollutant or containment that contaminant which would subject the owner of the Site, Lessee, Site or the Lessee or the Lessee’s subcontractors to any damages, penalties, penalties or liabilities under any applicable Environmental Regulation (collectively, hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, deposited or disposed of in, upon, under, over, over or from the Site.Sites; (2. No ) no threat exists of a discharge, release, release or emission of a Hazardous Substance upon or from the Site Sites into the environment.; (3. The Site has ) the Sites have not been used as or for a mine, a landfill, a dump, dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station.; (4. No ) no underground storage tank is now located in the Site Sites or has previously been located therein.; (5. No ) no violation of any Environmental Regulations Regulation now exists relating to the SiteSites, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site Sites by any governmental entity or agency that which in any way relates to Hazardous Substances.; (6. No ) no person, party, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, environment or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., (1) above.; (7. There ) there are not now any actions, suits, proceedings, proceedings or damage settlements relating in any way to Hazardous Substances Substances, in, upon, under, over, under over or from the Site.Sites; 8. The Site is (8) the Sites are not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances Substance sites maintained by any federal, state, state or local governmental agency or entity.agency; and (9. The Site is ) the Sites are not subject to any lien, lien or claim for lien, lien or threat of a lien in favor of any governmental entity or agency or entity as a result of any release or threatened release release-of any Hazardous SubstancesSubstance. H. To the extent permitted by law, the District shall not abandon use of the Site Sites for the use for which it is currently intended required by the District and further, shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant uses for which the Sites and Projects are to this be maintained under the Master Site Lease. I. The term “Permitted Encumbrances,” as used herein, shall mean, as of any particular time: 1. Liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants, and warrants to Lessee that: A. The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease. B. There are no liens on the Site other than Permitted Encumbrances, as defined below. C. All taxes, assessments, or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full. D. The Site is properly zoned for the intended purposes and utilization of the Site, Site or the District intends to render zoning inapplicable pursuant to Government Code section 53094. E. The District is in compliance with all laws, regulations, ordinances, and orders of public authorities applicable to the Site. F. There is no litigation of any kind currently pending or, to the best knowledge of the District, threatened regarding the Site or the District’s use of the Site for the purposes contemplated by this Site Lease. G. To the best of the District’s knowledge, after actual inquiry: 1. No dangerous, toxic, or hazardous pollutants, contaminants, chemicals, waste, materials, or substances, as defined in or governed by the provisions of any state or federal law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos-containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, or containment that would subject the owner of the Site, Lessee, or Lessee’s subcontractors to any damages, penalties, or liabilities under any applicable Environmental Regulation (collectively, collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, or disposed of in, upon, under, over, or from the Site. 2. No threat exists of a discharge, release, or emission of a Hazardous Substance upon or from the Site into the environment. 3. The Site has not been used as or for a mine, a landfill, a dump, or other disposal facility, industrial or manufacturing facility, or a gasoline service station. 4. No underground storage tank is now located in the Site or has previously been located therein. 5. No violation of any Environmental Regulations now exists relating to the Site, no notice of any violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency that in any way relates to Hazardous Substances. 6. No person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., above. 7. There are not now any actions, suits, proceedings, or damage settlements relating in any way to Hazardous Substances in, upon, under, over, or from the Site. 8. The Site is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances sites maintained by any federal, state, or local governmental agency or entity. 9. The Site is not subject to any lien, claim for lien, or threat of lien in favor of any governmental agency or entity as a result of any release or threatened release of any Hazardous Substances. H. To the extent permitted by law, the District shall not abandon use of the Site for the use currently intended by the District and shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant to this Site Lease. I. The term “Permitted Encumbrances,” as used herein, shall mean, as of any particular time: 1. Liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants, covenants and warrants to Lessee Corporation that: A. (a) The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease.; B. (b) There are no liens on the Site other than Permitted Encumbrances, as defined below.permitted encumbrances; C. (c) All taxes, assessments, or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full.; D. (d) The Site is properly zoned for the intended purposes purpose and utilization of the Site, it or the District intends to render zoning inapplicable pursuant to Government Code section 53094.; E. (e) The District is in compliance with all laws, regulations, ordinances, ordinances and orders of public authorities applicable to the Site.; F. (f) There is no litigation of any kind currently pending or, to the best knowledge of the District, or threatened regarding the Site or the District’s 's use of the Site for the purposes contemplated by this Site Lease., the Sublease, and the Lease- Leaseback Agreement; G. (g) To the best of the District’s 's knowledge, after actual inquiry: 1. No , except as already known by the Parties prior to this Site Lease based upon previous studies and disclosures: (i) no dangerous, toxic, toxic or hazardous pollutants, contaminants, chemicals, waste, materials, materials or substances, as defined in or governed by the provisions of any state State or federal law Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos-asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, pollutant or containment that contaminant which would subject the owner of the Site, Lessee, Site or LesseeCorporation or Corporation’s subcontractors to any damages, penalties, penalties or liabilities under any applicable Environmental Regulation (collectively, “hereinafter collectively called "Hazardous Substances”"), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, deposited or disposed of in, upon, under, over, over or from the Site. 2. No ; (ii) no threat exists of a discharge, release, release or emission of a Hazardous Substance upon or from the Site into the environment. 3. The ; (iii) the Site has not been used as or for a mine, a landfill, a dump, dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station.; 4. No (iv) no underground storage tank is now located in the Site or has previously been located therein. 5. No Site; (v) no violation of any Environmental Regulations Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency that which in any way relates to Hazardous Substances. 6. No ; (vi) no person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, environment or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., (i) above. 7. There ; (vii) there are not now any actions, suits, proceedings, proceedings or damage settlements relating in any way to Hazardous Substances Substances, in, upon, under, over, under over or from the Site. 8. The ; (viii) the Site is not listed in the United States Environmental Protection Agency’s 's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances Substance sites maintained by any federal, state, state or local governmental agency or entity. 9. The agency; and (ix) the Site is not subject to any lien, lien or claim for lien, lien or threat of a lien in favor of any governmental entity or agency or entity as a result of any release or threatened release of any Hazardous SubstancesSubstance. H. (h) To the extent permitted by law, the District shall not abandon use of the Site for the use for which it is currently intended required by the District and further, shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant uses for which the Site and Project are to this Site Lease. I. The term “Permitted Encumbrances,” as used herein, shall mean, as of any particular time: 1. Liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; be maintained under the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants, covenants and warrants to the Lessee that: A. The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease.; B. There are no liens on the Site other than Permitted Encumbrances, as defined below.; C. All taxes, assessments, assessments or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full.; D. The Site is properly zoned for the intended purposes purpose and utilization of the Site, or the District intends to render zoning inapplicable pursuant to Government Code section 53094.Site ; E. The District is in compliance with all laws, regulations, ordinances, ordinances and orders of public authorities applicable to the Site.; F. There is no litigation of any kind currently pending or, to the best knowledge of the District, or threatened regarding the Site or the District’s 's use of the Site for the purposes contemplated by this Site Lease.; G. To the best of the District’s 's knowledge, after actual inquiryexcept for that which shall be disclosed by the District prior to the Project commencement date in the Notice to Proceed: (1. No ) no dangerous, toxic, toxic or hazardous pollutants, contaminants, chemicals, waste, materials, materials or substances, as defined in or governed by the provisions of any state State or federal law Federal Law relating thereto (hereinafter collectively called “"Environmental Regulations”)", and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos-asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, pollutant or containment that contaminant which would subject the owner of the Site, Site or the Lessee or the Lessee, or Lessee’s 's subcontractors to any damages, penalties, penalties or liabilities under any applicable Environmental Regulation (collectively, “hereinafter collectively called "Hazardous Substances”)", are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, deposited or disposed of in, upon, under, over, over or from the Site.; (2. No ) no threat exists of a discharge, release, release or emission of a Hazardous Substance upon or from the Site into the environment.; (3. The ) the Site has not been used as or for a mine, a landfill, a dump, dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station.; (4. No ) no underground storage tank is now located in the Site or has previously been located therein.; (5. No ) no violation of any Environmental Regulations Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency that which in any way relates to Hazardous Substances.; (6. No ) no person, party, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, environment or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., (1) above.; (7. There ) there are not now any actions, suits, proceedings, proceedings or damage settlements relating in any way to Hazardous Substances Substances, in, upon, under, over, under over or from the Site.; 8. The (8) the Site is not listed in the United States Environmental Protection Agency’s 's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances Substance sites maintained by any federal, state, state or local governmental agency or entity.agency; and (9. The ) the Site is not subject to any lien, lien or claim for lien, lien or threat of a lien in favor of any governmental entity or agency or entity as a result of any release or threatened release release-of any Hazardous SubstancesSubstance. H. To the extent permitted by law, the District shall not abandon use of the Site for the use for which it is currently intended required by the District and further, shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant uses for which the Site and Project are to this be maintained under the Site Lease. I. The term “"Permitted Encumbrances,” " as used herein, herein shall mean, as of any particular time: : (1. Liens ) liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.;

REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants, covenants and warrants to the Lessee that: A. : The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease. B. ; There are no liens on the Site other than Permitted Encumbrances, as defined below. C. ; All taxes, assessments, assessments or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full. D. ; The Site is properly zoned (or subject to an exception from zoning) for the intended purposes purpose and utilization of the Site, or the District intends to render zoning inapplicable pursuant to Government Code section 53094. E. Site ; The District is in compliance with all laws, regulations, ordinances, ordinances and orders of public authorities applicable to the Site. F. There ; Except for Validation Actions concerning the Project, there is no litigation of any kind currently pending or, to the best knowledge of the District, or threatened regarding the Site or the District’s use of the Site for the purposes contemplated by this Site Lease. G. ; To the best of the District’s knowledge, after actual inquiry: 1. No except for that which shall be disclosed by the District prior to the Project commencement date in the Notice to Proceed: no dangerous, toxic, toxic or hazardous pollutants, contaminants, chemicals, waste, materials, materials or substances, as defined in or governed by the provisions of any state State or federal law Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehydeurea‑formaldehyde, polychlorinated biphenyls, asbestos, asbestos-asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, pollutant or containment that contaminant which would subject the owner of the Site, Lessee, Site or the Lessee or the Lessee’s subcontractors to any damages, penalties, penalties or liabilities under any applicable Environmental Regulation (collectively, hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, deposited or disposed of in, upon, under, over, over or from the Site. 2. No ; no threat exists of a discharge, release, release or emission of a Hazardous Substance upon or from the Site into the environment. 3. The ; the Site has not been used as or for a mine, a landfill, a dump, dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station. 4. No ; no underground storage tank is now located in the Site or has previously been located therein. 5. No ; no violation of any Environmental Regulations Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency that which in any way relates to Hazardous Substances. 6. No ; no person, party, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment, environment or natural resources, resulting or allegedly resulting from any activity or event described in Subsection G.1., (1) above. 7. There ; there are not now any actions, suits, proceedings, proceedings or damage settlements relating in any way to Hazardous Substances Substances, in, upon, under, over, under over or from the Site. 8. The ; the Site is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances Substance sites maintained by any federal, state, state or local governmental agency or entity. 9. The agency; and the Site is not subject to any lien, lien or claim for lien, lien or threat of a lien in favor of any governmental entity or agency or entity as a result of any release or threatened release of release‑of any Hazardous Substances. H. Substance. To the extent permitted by law, the District shall not abandon use of the Site for the use for which it is currently intended required by the District and further, shall not seek to substitute or acquire property to be used as a substitute for the use intended pursuant uses for which the Site and Project are to this be maintained under the Site Lease. I. The term “Permitted Encumbrances,” as used herein, shall mean, as of any particular time: 1. Liens for general ad valorem taxes and assessments, if any, not then delinquent. 2. This Site Lease; the Sublease; any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if applicable, not filed or perfected in the manner prescribed by law; easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions that exist of record as of the date of this Site Lease and that will not materially impair the use of the Site. 3. Easements, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions established following the date of this Site Lease and to which the District and Lessee consent in writing that will not impair or impede the operation of the Site.