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ARTICLE 7 -HAZARDOUS MATERIALS <br />Section 7.01 <br />At the time of execution of this Agreement, Lessor warrants that the Property is clean and <br />contains no known hazardous materials. Lessee represents and warrants that it will comply <br />with all environmental laws during the term of this Agreement; its use of the Property herein <br />will not generate any hazardous substance, and it will not store or dispose on the Property nor <br />transport to or over the Property any hazardous substance. Lessee further agrees to clean-up <br />and remediate any hazardous substance on the Property and hold Lessor harmless from and <br />indemnify Lessor against any release of any such hazardous substance and any damage, loss, <br />or expense or liability resulting from such release including all attorneys' fees, costs and <br />penalties incurred as a result thereof except any release caused by the negligence of Lessor, <br />its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any <br />substance or material defined or designated as hazardous or toxic waste, hazardous or toxic <br />material, hazardous or toxic or radioactive substance, or other similar term by any federal, <br />state or local environmental law, regulation or rule presently in effect or promulgated in the <br />future, as such laws, regulations or rules may be amended from time to time; and it shall be <br />interpreted to include, but not be limited to, any substance which after release into the <br />environment will or may reasonably be anticipated to cause sickness, death or disease. <br />ARTICLE 8 - MISCELLANEOUS <br />Section 8.01 Force Majeure - Unavoidable Delays <br />Should the performance of any act required by this Agreement to be performed by either <br />Lessor or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor <br />troubles, inability to secure materials, restrictive governmental laws or regulations, or any <br />other cause except financial inability not the fault of the party required to perform the act, the <br />time for performance of the act will be extended for a period equivalent to the period of delay, <br />and performance of the act during the period of delay will be excused, provided, however, that <br />nothing contained in this section shall excuse the prompt payment of compensation by Lessee <br />as required by this Agreement or the performance of any act rendered difficult solely because <br />of the financial condition of the party, Lessor or Lessee, required to perform the act. <br />Section 8.02 Notice <br />Any written notice or required submittals, given under the terns of this Agreement, shall be <br />delivered personally, or mailed, certified mail, postage prepaid, addressed to the party <br />concerned as follows: <br />To Lessor: <br />City of Santa Ana — <br />Finance and Management Services Agency <br />Attn: Executive Director <br />