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<br />Page | 47 <br />9138-126780\1512539.3 <br />such modified BMP Fact Sheets. Tenant, its agents, contractors, representatives and employees and <br />all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of <br />this Lease, comply with the BMP Fact Sheets as they exist now or are modified to comply with <br />Laws, and shall comply with all other requirements of the Stormwater Permits, as they exist at the <br />time this Lease commences or as the Stormwater Permits may be modified. Tenant agrees to <br />maintain current copies of the BMP Fact Sheets on the Premises throughout the term of this Lease. <br />The BMPs applicable to uses authorized under this Lease must be performed as described within all <br />applicable BMP Fact Sheets. <br />18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention <br />performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Lessor <br />for review and approval prior to implementation. <br />18.6 Lessor may enter the Premises and/or review Tenant’s records at any reasonable <br />time during normal business hours to ensure that activities conducted on the Premises comply with <br />the requirements of this Section. Tenant may be required to implement a self-evaluation program to <br />demonstrate compliance with the requirements of this Section. <br />ARTICLE XIX <br />GENERAL CONDITIONS & MISCELLANEOUS PROVISIONS <br /> <br />19.1 Signs. Tenant agrees not to construct, maintain, or allow any signs, banners, flags, <br />etc., upon the Premises except (a) as approved in writing in advance by Lessor, which approval may <br />be withheld in the sole and absolute discretion of the Lessor, or (b) required by any of Tenant’s <br />lenders, provided that any such signage is in compliance with all applicable Laws. Tenant further <br />agrees not to construct, maintain, or allow billboards or outdoor advertising signs upon the Premises. <br />Unapproved signs, banners, flags, etc., may be removed by Lessor without prior notice to Tenant. <br />19.2 Nondiscrimination. Tenant agrees not to discriminate against any person or class of <br />persons by reason of sex, age (except as permitted by law), race, color, creed, physical handicap, or <br />national origin in employment practices and in the activities conducted pursuant to this Lease. <br />19.3 Taxes and Assessments. Pursuant to California Revenue and Taxation Code Section <br />107.6, Tenant is specifically informed that this Lease may create a possessory interest which is <br />subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and <br />assessments (including but not limited to said possessory interest tax) which become due and payable <br />upon the Premises or upon fixtures, equipment, or other property installed or constructed thereon, <br />shall be the full responsibility of Tenant, and Tenant shall cause said taxes and assessments to be <br />paid promptly. <br />19.4 Quitclaim of Interest upon Termination. Upon termination of this Lease for any <br />reason whatsoever in accordance with the terms of the Lease, Tenant shall execute, acknowledge, <br />and deliver to Lessor, within five (5) business days of a request from Lessor, a good and sufficient <br />deed, in a form as approved by the Lessor, whereby all right, title, and interest of Tenant in the <br />Premises is quitclaimed back to Lessor (“Quitclaim Deed”). The Quitclaim Deed shall then be <br />recorded by Lessor to remove any cloud on title created by this Lease. <br />19.5 Public Records. Tenant acknowledges that any written information submitted to <br />and/or obtained by Lessor from Tenant or any other person or entity having to do with or rel ated to <br />EXHIBIT 5