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If the property is not repaired or rebuilt, all such proceeds shall be applied in a <br /> manner consistent with the terms of the Other Loans, the City Loan and the City HELP Loan. <br /> (b) All insurance proceeds received under the policies set forth in this <br /> Article 5 shall be paid to the Lessee, provided that the Lessee shall apply such proceeds, to the <br /> extent possible, for reconstruction or repair in a manner consistent with the provisions of <br /> Section 6.2. <br /> Section 5.4 Indemnification. <br /> The Lessor will not be liable for any Toss, injury, death, or damage to persons or property <br /> that at any time may be suffered or sustained by the Lessee or by any person who may at any time <br /> be using, occupying, visiting, or leasing the Project or the Land, or any portion thereof, whether <br /> such loss, injury, death, or damage shall be caused by or in any way result from or arise out of <br /> any act, omission, or negligence of the Lessee or of any occupant, tenant, visitor, or use of any <br /> portion of the Project or Land, or shall result from or be caused by any other matter or thing <br /> whether of the same kind as or of a different kind than the manners or things set forth. The <br /> Lessee shall Indemnify the Lessor against all claims, liability, loss, or damage whatsoever on <br /> account of any such loss, injury, death or damage. The Lessee waives all claims against the <br /> Lessor for damages to the Improvements that are not on or hereafter placed or built on the Land <br /> and to the property of the Lessee in, on, or about the Land, and for injuries to persons or property <br /> in or about the Land, from any cause arising at any time. The three preceding sentences will not <br /> apply to loss, injury, death, or damage arising by reason of a pre- existing condition or by reason <br /> of the negligence or misconduct of the Lessor, its agents, or employees. <br /> Section 5.5 Hazardous Materials Indemnification. <br /> (a) Definition of Hazardous Material or Hazardous Substances. As used in <br /> this Section, Hazardous Materials or Hazardous Substances shall mean the following: hazardous <br /> , substance, hazardous waste, infectious waste, or hazardous material as defined in any federal, <br /> state or local statute, ordinance, regulation, or rule applicable to the Land, including the <br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. <br /> Section 9601 et gm.) or Sections 25280 et seg., 25310 et gm., 25110 et seq., or 25500 et seg. of <br /> the California Health and Safety Code at such time; any other waste, substance or material <br /> designated or regulated in any way as "toxic" or "hazardous" in the Resource Conservation and <br /> Recovery Act (42 U.S.C. Section 6901 et seq.), Federal Water Pollution Control Act (33 U.S.C. <br /> Section 1251 et g.), Safe Drinking Water Act (42 U.S.C. Section 300f et seg.), Toxic <br /> Substances Control Act (15 U.S.C. Section 2601 et seg.), Clean Air Act (42 U.S.C. Section 7401 <br /> et se .), California Health and Safety Code (Section 25100 et sq.), or California Water Code <br /> (Section 13000 et mg.) at such time; and any additional wastes, substances or material which at <br /> such time are classified, considered or regulated as hazardous or toxic under any other present or <br /> future environmental or other similar laws relating to the Land, including asbestos, asbestos - <br /> containing materials, radon gas, oil or any fraction thereof of petroleum products, but excluding <br /> any substances or materials used in the construction, development, maintenance or operation of <br /> the Improvements, so long as the same are used in accordance with all applicable laws. <br /> (b) Definition of Hazardous Materials Law: As used in this Section, <br /> Hazardous Materials Law shall mean: All federal, state, and local laws, ordinances, regulations, <br /> 144 \105\153233.25 19 <br />