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i <br /> consent and g <br /> assignment agreement with the lenders who finance the Project in form and <br /> g <br /> substance customary for such financings. <br /> 24. BROKERAGE. Lessor and Lessee represent that they have desk with no 5 <br /> broker or agent with respect to this Site Lease Agreement or the negotiation and <br /> 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 /> it <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 /> 5. <br /> B. Lessor may request, prior to the exercise of any renewal and/or i <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 /> this Site Lease Agreement and Landfill Gas Purchase Agreement. Lessee shall only be <br /> 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 /> Agreement. <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 z <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 i <br /> of Lessor which shall not be unreasonably withheld, use reasonable efforts to process l <br /> one or more lot line adjustments, parcel maps or subdivision maps that will allow the Site <br /> (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 /> easement, license, permit or other interest in the Site (and, if applicable, any specified I <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 /> of Ameresco's Facilities. <br /> Site Lease Agreement 11 <br /> LFG to Energy 3 <br /> Foothill Sanitary Landfill <br /> SW-108035-R7 <br />