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4. If Owner disputes any expense item of reimbursable cost, Owner shall give Operator written notice
<br />specifying the item disputed and the reason. Payment for any items of expense or reimbursable costs
<br />which are not disputed shall not be withheld. The parties shall, in good faith diligently pursue
<br />resolution of any disputed item within (30) days of said notice.
<br />Confidentiality of Owner's Records: Operator acknowledges that certain information disclosed by Owner
<br />to Operator for purposes of performing Work, or which comes to the attention of Operator during the
<br />course of performing such Work, constitutes a valuable asset of and is proprietaryto Owner. Operator also
<br />acknowledges that Owner, as a party in the business community, may have fiduciary responsibilities to its
<br />tenants or customers to keep tenants' and customers' records confidential and proprietary. Operator shall
<br />not disclose any information designated by Owner as confidential or knowingly permit its employees,
<br />officers, or agents to disclose said information to any person or entity not having a specific need to know
<br />as required in performance of Work authorized by Owner. Operator further agrees to instruct its
<br />employees, officers, and agents not to sell, lease, assign, transfer, or reveal to any organization, company,
<br />or individuals any said information, whether oral or written, without prior written consent of Owner, and
<br />agrees to take all reasonable steps necessary to ensure fulfillment of this obligation. In the event that a
<br />subpoena or other legal process is served upon Operator that in any way concerns information disclosed
<br />by Owner to Operator, Operator agrees to notify Owner immediately upon receipt of such subpoena or
<br />other legal process and shall cooperate with Owner at Owner's expense, in any lawful effort by Owner to
<br />contest the legal validity of such subpoena or other legal process.
<br />Hazardous Waste and Improvements: Operator will not commit or suffer any waste or hazardous materials,
<br />in the Parking Facilities, except for such cleaning agents and other solvents (including oil absorbent) that
<br />are customarily used in the maintenance and operation of facilities similar to the Parking Facilities and/or
<br />customarily incident to the operation of such facilities (such as vehicle exhaust and other emissions and
<br />incidental fuel and/or other fluid leakage (collectively, the "Permitted Substances"), and provided that
<br />Operator handles and stores all such Permitted Substances in a responsible manner in accordance with any
<br />applicable laws. For purposes of this Agreement, "Hazardous Materials" are those listed in Division 4,
<br />Chapter 30, Article 9 of Title 22, California Administrative Code, or those that meet the toxicity, reactivity,
<br />corrosivity, or flammability criteria of Article 11 of the above code, or any other contaminants, pollutants,
<br />toxic substances, or related materials that pose a hazard to health or the environment.
<br />K. Surrender: Upon expiration of the Term of this Agreement by lapse of time or otherwise, Operator agrees
<br />that it will immediately surrender to Owner the Parking Facilities, together with all improvements and
<br />appurtenances in connection therewith, in good condition, reasonable wear and tear and damage beyond
<br />the control of Operator excepted. Nothing contained herein will prohibit Operator upon termination of
<br />this Agreement by lapse of time or otherwise from removing its personal property from the Parking
<br />Facilities (unless Owner has paid for such property), provided that Operator repairs any damage that may
<br />be caused to the Parking Facilities by such removal. Upon termination of this Agreement by lapse of time
<br />or otherwise, all Parking Control Equipment will continue to be the property of Owner.
<br />L. No Waiver, etc., by Owner or Operator: Failure by Owner or Operator to exercise any right, power, or
<br />remedy upon a breach of any term of this Agreement or the receipt by Owner or Operator of any full or
<br />partial payment of money or any other consideration payable hereunder during the continuance of any
<br />such breach will not constitute a waiver of such breach. Nor will any such failure or acceptance of money
<br />by the Owner or Operator waive Owner's or Operator's respective rights with respect to any other or
<br />subsequent breach.
<br />M. Owner's and Operator's Remedies etc., Cumulative: Each right, power, and remedy of Owner or Operator
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