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EXHIBIT 2 <br />evaluate a building energy model analysis and identify and consider energy efficiency or <br />generation measures beyond those required by minimum construction standards. <br />9.5 Maintenance. At all times during the term of this Agreement, Developer shall <br />cause the Property and the Project to be maintained in a decent, safe and sanitary manner, <br />regardless of cause of the disrepair. The maintenance obligation shall be commensurate with the <br />work being done on the Property according to the Scope of Work, provided that at all times the <br />Property and Project shall be maintained in accordance with all permits, building codes, and any <br />other requirement imposed by a Governmental Authority. <br />9.6 RESERVED. <br />9.7 RESERVED. <br />9.8 Conflict of Interest. Developer shall comply with and be bound by the conflict of <br />interest provisions set forth in all applicable state regulations pertaining to conflict of interest. <br />9.9 Right to Work and Minimum Wage Laws. <br />(a) Pursuant to the United States of America Fair Labor Standard Act of 1938, <br />as amended, and State of California Labor Code, Section 1178.5, Developer shall pay no less than <br />the greater of the Federal or California Minimum Wage to all its employees that directly or <br />indirectly service the Property, in any manner whatsoever. Developer shall require and verify that <br />all its subcontractors or other persons servicing the Property on behalf of the Developer also pay <br />their employees no less than the greater of the Federal or California Minimum Wage. <br />(b) Developer shall comply and verify that its subcontractors comply with all <br />other Federal and State of California laws for minimum wage, overtime pay, record keeping, and <br />child labor standards pursuant to the servicing of the Property or terms and conditions of this <br />Lease. <br />10. ENVIRONMENTAL MATTERS <br />10.1 Representation and Warranty. Except as disclosed in writing to the City, <br />Developer represents that it has no knowledge: (a) of the presence on, under or about the <br />Property, now or in the past, of any Hazardous Materials, or of the transportation to or from the <br />Property of any Hazardous Materials; (b) that asbestos or polychlorinated biphenyls (PCBs) are <br />contained in or stored on the Property; or, (c) that there are any underground storage tanks located <br />in, on or under the Property. <br />10.2 Compliance with Environmental Laws. Developer shall: (a) comply with all <br />environmental laws and environmental permits applicable to the construction of the Property; (b) <br />immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance; <br />(c) keep the Property free and clear of any environmental claims or liens imposed pursuant to any <br />environmental law; and, (d) obtain and renew all environmental permits required for ownership or <br />use of the Property. <br />16 <br />5 53 94.0010 1 \42414134.1 <br />