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li <br />k� <br />F <br />consent and assignment agreement with the lenders who finance the Project in form and <br />substance customary for such financings. <br />24. BROKERAGE. Lessor and Lessee represent that they have dealt with no <br />broker or agent with respect to this Site Lease Agreement or the negotiation and <br />I , execution hereof. Each Party hereby indemnifies and saves and holds the other Party <br />harmless against any claims for brokerage commissions or compensation or other claims <br />of any kind (including reasonable attorney's fees and costs) arising out of a breach of the <br />foregoing representation by the indemnifying Party. <br />25. HAZARDOUS MATERIALS. <br />r- <br />A, Lessee shall not cause or permit any Hazardous Material to be <br />brought upon, kept or used in or about the Site or Ameresco's Facilities by Lessee, its <br />agents, employees, contractors or invitees, except such materials that may be <br />necessary for operation of Ameresco's Facilities pursuant to Accepted Industry <br />Practice. <br />B. Lessor may request, prior to the exercise of any renewal and/or <br />prior to vacating the Site, that Lessee, at its sole cost, undertake and submit to Lessor <br />an environmental audit of the Site from an environmental company reasonably <br />acceptable to Lessor. The audit shall evidence Lessee's compliance with the terms of <br />r this Site Lease Agreement and Landfill Gas Purchase Agreement. Lessee shall only be <br />177 responsible for conducting one such environmental audit during the Term of this Site <br />Lease Agreement, provided, however, that Lessor may, at its sole cost, conduct or have <br />-- conducted other environmental audits of the Site during the Term of this Site Lease <br />r Agreement. <br />t <br />26. MAP ACT. In the event that a written notice is issued by any governmental <br />agency, or a written objection made by a lender to Lessee or the Project, regarding <br />compliance of this Site Lease Agreement, the Landfill Gas Purchase Agreement and/or <br />-- any easements granted by Lessor to Lessee with the requirements of the California <br />Subdivision Map Act, Cal. Gov't Code § 66410 et seq., or any applicable local ordinances <br />(collectively, the "Map Act"), Lessee, at its sole cost, shall, upon the prior written approval <br />of Lessor which shall not be unreasonably withheld, use reasonable efforts to process <br />one or more lot line adjustments, parcel maps or subdivision maps that will allow the Site <br />r (and, if applicable, any specified easement areas) to be treated as separate parcels to the <br />extent required by the Map Act or to the satisfaction of the Lender; provided that Lessor <br />shall execute all reasonably necessary documents to complete such process. If <br />necessary during the pendency of any such application, Lessor shall grant to Lessee an <br />a. easement, license, permit or other interest in the Site (and, if applicable, any specified <br />easement areas) as may be required to permit Lessee's legal use of the Site (and, if <br />applicable, any specified easement areas) until such application is approved, subject to <br />use restrictions consistent with the provisions of this Agreement, for Lessee's exercise of <br />its rights hereunder, and for the development, financing, construction, operation and use <br />r of Ameresco's Facilities. <br />Site Lease Agreement 11 <br />r. LFG to Energy <br />Foothill Sanitary Landfill <br />i Sw-108035-R7 <br />f <br />