HABITAT FOR HUMANITY OF ORANGE COUNTY (5)

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evaluate a building energy model analysis and identify and consider energy efficiency or generation measures beyond those required by minimum construction standards. 9.5 Maintenance. At all times during the term of this Agreement,Developer shall cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. The maintenance obligation shall be commensurate with the work being done on the Property according to the Scope of Work,provided that at all times the Property and Project shall be maintained in accordance with all permits, building codes, and any other requirement imposed by a Governmental Authority. 9.6 RESERVED. 9.7 RESERVED. 9.8 Conflict of Interest. Developer shall comply with and be bound by the conflict of interest provisions set forth in all applicable state regulations pertaining to conflict of interest. 9.9 Right to Work and Minimum Wage Laws. (a) Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, Developer shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the Property, in any manner whatsoever. Developer shall require and verify that all its subcontractors or other persons servicing the Property on behalf of the Developer also pay their employees no less than the greater of the Federal or California Minimum Wage. (b) Developer shall comply and verify that its subcontractors comply with all other Federal and State of California laws for minimum wage, overtime pay,record keeping, and child labor standards pursuant to the servicing of the Property or terms and conditions of this Lease. 10. ENVIRONMENTAL MATTERS 10.1 Representation and Warranty. Except as disclosed in writing to the City, Developer represents that it has no knowledge: (a) of the presence on, under or about the Property, now or in the past, of any Hazardous Materials, or of the transportation to or from the Property of any Hazardous Materials; (b) that asbestos or polychlorinated biphenyls(PCBs) are contained in or stored on the Property; or, (c) that there are any underground storage tanks located in, on or under the Property. 10.2 Compliance with Environmental Laws.Developer shall: (a)comply with all environmental laws and environmental permits applicable to the construction of the Property; (b) immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance; (c)keep the Property free and clear of any environmental claims or liens imposed pursuant to any enviromnental law; and, (d) obtain and renew all environmental permits required for ownership or use of the Property. 16 55394.00101\42414134.r