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<br />Page | 48 <br />4894-6811-3695v.2 0017787-000542 <br />4894-6811-3695v.2 0017787-000542 <br />16.2.2. Maintain a reasonable noise level on the Premises so that persons in the <br />general neighborhood will be able to comfortably enjoy the other facilities and amenities in the area. <br />16.2.3. Prevent the light fixtures of the Premises from emitting light that could <br />negatively affect the operation of cars, boats, or airplanes in the area. <br />16.2.4. Prevent all pollutants from Tenant’s operations on the Premises from being <br />discharged, including petroleum products of any nature, except as may be permitted in accordance <br />with any applicable permits or as permitted by applicable Law. Tenant and all of Tenant’s agents, <br />employees and contractors shall conduct operations under this Lease so as to ensure that pollutants <br />do not enter the municipal storm drain system (including but not limited to curbs and gutters that are <br />part of the street systems), or directly impact receiving waters (including but not limited to rivers, <br />creeks, streams, estuaries, lakes, harbors, bays and the ocean), except as may be permitted by any <br />applicable permits or as permitted by applicable law. <br />16.2.5. The Lessor may enter the Premises in accordance with Section 4.5 and/or <br />review Tenant records at all reasonable times to assure that activities conducted on the Premises <br />comply with the requirements of this Section. <br />16.3 On-Site Manager. Tenant shall employ a competent manager who shall be <br />responsible for the day-to-day operation and level of maintenance, cleanliness, and general order for <br />the Premises. Such person shall be vested with the authority of Tenant with respect to the <br />supervision over the operation and maintenance of the Premises, including the authority to enforce <br />compliance by Tenant’s agents, employees, concessionaires, or licensees with the terms and <br />conditions of this Lease and any and all rules and regulations adopted hereunder. Tenant shall notify <br />Lessor in writing of the name of the Manager currently so employed as provided in Section 19.20 of <br />this Lease. <br />16.4 Policies and Procedures to be Established by Tenant. Prior to the completion of <br />construction, Tenant shall submit to Lessor proposed policies and procedures pertinent to the <br />operation of the multifamily affordable residential rental development and manner of providing the <br />uses required by this Lease (“Policies and Procedures”). <br />ARTICLE XVII <br />LEASEHOLD MORTGAGES <br /> <br />17.1 Definitions. The following definitions are used in this Article (and in other Sections of <br />this Lease): <br />17.1.1. “Leasehold Estate” shall mean Tenant’s leasehold estate in and to the <br />Premises, including Tenant’s rights, title and interest in and to the Premises and the Improvements, <br />or any applicable portion thereof or interest therein. <br />17.1.2. “Leasehold Foreclosure Transferee” shall mean any person (which may, but <br />need not be, a Leasehold Mortgagee) which acquires the Leasehold Estate pursuant to a foreclosure, <br />assignment in lieu of foreclosure or other enforcement of remedies under or in connection with a <br />Leasehold Mortgage. <br />EXHIBIT 11