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(d) To the extent any of the above provisions are inconsistent with the
<br /> provisions of any of the Loan Documents, the Loan Documents shall be controlling.
<br /> Section 6.4 Limitation of Liability.
<br /> (a) In addition to any other indemnities provided in this Lease. Lessee shall
<br /> indemnify, protect, defend (with counsel reasonably acceptable to Lessor), and hold harmless the
<br /> Indemnitees from and against all Claims arising out of attributable to or otherwise occasioned,
<br /> in whole or in part. by any act or omission of Lessee, its agents, contractors, servants, employees,
<br /> or invitees, arising from or relating to breach of Lessee's representations and warranties or the
<br /> operation of the Leased Premises, except to the extent any such Claim arises from the gross
<br /> negligence or willful misconduct of Lessor or the Indemnitees.
<br /> (b) In addition to any other indemnities provided in this Lease. Lessor shall
<br /> indemnify, protect, defend (with counsel reasonably acceptable to Lessee), and hold harmless
<br /> Lessee, its officers, employees. agents. contractors, servants, directors, members or partners from
<br /> and against all Claims arising out of, attributable to or otherwise occasioned, in whole or in part,
<br /> by any act or omission of Lessor, its agents. contractors, servants, employees, or invitees. arising
<br /> from breach of Lessor's representation and warranties or Lessor's obligations under this Lease,
<br /> except to the extent any such Claim arises from the gross negligence or willful misconduct of
<br /> Lessee or its officers, employees, agents, contractors, servants, directors, members or partners.
<br /> (c) The provisions of this Section 6.4 shall survive the expiration or
<br /> termination of this Lease.
<br /> ARTICLE 7.
<br /> MAINTENANCE. ALTERATIONS, REPAIRS AND REPLACEMENTS
<br /> Section 7.1 Maintenance of Leased Premises: Landscaping. Until possession is
<br /> transferred to Lessee, it is Lessor's obligation, at Lessor's sole cost and expense, to keep and
<br /> maintain the Leased Premises. During the Term, at Lessee's sole cost and expense, Lessee shall
<br /> keep and maintain the Leased Premises, all Improvements hereafter developed, and all
<br /> appurtenances thereunto belonging, in good and safe order, condition and repair. All such
<br /> maintenance and repair shall conform to and comply with all Legal Requirements affecting the
<br /> Leased Premises.
<br /> Section 7.2 Landscaping Maintenance.
<br /> (a) The provisions of this Section 7.1.1 are intended to satisfy, with respect to
<br /> the Leased Premises, Condition No. 66 of the Conditions of Approval approved by the City of
<br /> Pleasanton in connection with its approval of Planned Unit Development for File No. PUD-101.
<br /> (b) Lessee, at no expense to the Lessor, shall maintain in healthful, attractive
<br /> and reasonably weed-free manner all the landscaped areas related to the Project as shown in the
<br /> landscaping plan approved by the City. "Landscaped areas" as used in this Lease shall mean
<br /> plantings and irrigation systems which have been installed, or are proposed to be installed,
<br /> pursuant to the City-approved landscaped plan for the Project including those in City right-of-
<br /> ways. All plantings shall be maintained using generally accepted methods of cultivation to
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