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<br />NOW THEREFORE, the City and Lessee, intending to be legally bound, hereby covenant <br />and agree as follows: <br />ARTICLE 1 <br />AMENDMENT, RESTATEMENT, AND DEFINITIONS <br />Section 1.1 Agreement to Amend and Restate. The City and Lessee hereby agree to <br />amend and restate the Original Lease. The City and Lessee further agree that the terms and <br />conditions of the Original Lease are fully restated and replaced by the terms and conditions of this <br />Lease Agreement. The terms and conditions of the Original Lease shall have no further force and <br />effect, and the City and Lessee shall be bound by the terms and conditions of this Lease Agreement <br />as of the Effective Date. The Easement Agreement is unchanged, and remains in full force and <br />effect. <br />Section 1.2 Definitions. In this Lease Agreement, unless a different meaning clearly <br />appears from the context: <br />A. “Additional Rent” means all sums payable by Lessee in connection with its occupancy of <br />the Leasehold Property and the Easement Parcel in addition to the annual rental payments <br />set forth in Section 2.3 of this Lease Agreement; <br />B. “Building” means the primary structure that is located on the Leasehold Property and is <br />used for the purposes set forth in Section 7.2 of this Lease Agreement; <br />C. “City” has the meaning given to such term in the introductory paragraph hereof; <br />D. “Easement Agreement” has the meaning given in the Recitals hereto and refers to the <br />Easement Agreement assigned by the Original Lessee to Lessee; <br />E. “Easement Parcel” means the real property adjacent to the Leasehold Property as to which <br />the City has granted an easement to Lessee pursuant to the Easement Agreement; <br />F. “Event of Default” means an action by Lessee listed in Section 12.2 of this Lease <br />Agreement; <br />G. “Hazardous Substances” means toxic or hazardous substances or wastes, pollutants or <br />contaminants (including, without limitation, asbestos, urea formaldehyde, the group of <br />organic compounds known as polychlorinated biphenyls, petroleum products including <br />gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous <br />substance as defined in the Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980, 42 U.S.C. Sec. 9601-9657, as amended (“CERCLA”), or any similar <br />federal, state or local law, regulation or ordinance; substances or conditions that may <br />support a claim or cause of action under the Resource Conservation and Recovery Act of <br />1976, 42 U.S.C. Sec. 6901, et seq., as amended from time to time (“RCRA”), or any similar <br />federal, state or local law, regulation or ordinance; pollutants, effluents or emissions subject <br />to regulation pursuant the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251, et <br />seq., or the Clean Air Act, 42 U.S.C. Sec. 7401, et seq., or any similar federal, state or local <br />law, regulation or ordinance, or any substances or conditions, pollutants, effluents or <br />2 <br />2067394.0015/184093281.2 <br /> <br />