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or unforeseeable (collectively, "Liabilities"), arising out of the presence, use, generation, storage, <br />treatment, on or off -site disposal or transportation of Hazardous Materials on, into, from, under or <br />about the Premises by Tenant or Tenant Parties, and excluding all Existing Hazardous Materials. <br />(b) The foregoing indemnity shall also specifically include the cost of any <br />required or necessary repair, restoration, clean-up or detoxification of the Premises and the preparation <br />of any closure or other required plans. <br />(c) The foregoing indemnity and defense obligations of this Lease shall survive its expiration <br />or termination; provided, however, that the indemnity contained in this Section 4.4.4 shall not apply to <br />any Liabilities arising or occurring (a) prior to the Effective Date of this Ground Lease, (b) after the <br />expiration or earlier termination of the Term of this Ground Lease, (c) as a result of the grossly <br />negligent or wrongful acts or omissions of Lessor, or (d) prior to assignment of the Lease to Tenant <br />and following Tenant's assignment of the Lease to a new Tenant. <br />4.5 Access by Lessor. Lessor reserves the right for Agency and their authorized <br />representatives to enter the Premises to inspect the land only, but not any Improvements <br />constructed thereon, upon two (2) business days' prior written notice to Tenant, during normal <br />business hours, in order to determine whether Tenant is complying with Tenant's obligations <br />hereunder, or to enforce any rights given to Agency under this Lease. Lessor and its <br />representatives must be accompanied by a representative of Tenant at all times while on the <br />Property and obey Tenant's rules and regulations. Tenant acknowledges Lessor has the authority <br />to enter the Premises land only and perform work on the Premises land only at any time as needed <br />to provide immediate or necessary protection for the general public. Lessor shall indemnify and <br />hold Tenant harmless from and against any loss, cost, damage or liability, including, without <br />limitation, attorneys' fees, which results from Lessor's negligence, willful misconduct or gross <br />negligence committed by any party acting under Lessor's authority, arising from Lessor's exercise <br />of the rights granted by this Section 4.5. Upon reasonable belief that a violation of this section <br />may be occurring, tenant shall allow the City to conduct an inspection of the Property after the <br />date of construction completion, with reasonable notice. Tenant shall cure any defects or <br />deficiencies found by the City while conducting such inspections within ten (10) business days of <br />written notice thereof, or such longer period as is reasonable within the sole discretion of the City. <br />4.6 Recorded Covenant for Affordability and Maintenance Restrictions. Tenant <br />agrees and covenant for the entire Term of this Lease, which covenant shall run with the Premises, <br />that Agent shall have the rights to: (a) approve and limit future Tenants to moderate income <br />households selected and approved by Agent; (b) limit the sale/resale price of the home at a price <br />affordable to such moderate income households; (c) impose and collect a monthly capital <br />improvements maintenance reserve fee to be kept in a segregated maintenance reserve account; <br />(d) use funds contained in the maintenance reserve account from time to time for capital <br />improvements to the Premises and to enter onto the Premises to carry out such works of <br />improvements, all as set forth in the Affordability and Maintenance Restrictions (`Restrictions") <br />attached hereto as Exhibit `B". The Restrictions shall have priority over and be senior to any and <br />all Leasehold Mortgages. <br />4.6.1 Reserved. <br />Page 112 <br />