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Section 9.5 Hazardous Materials Indemnification. From and after the Commencement
<br /> Date. Lessee hereby agrees to indemnify, protect. hold harmless and defend (by counsel
<br /> reasonably satisfactory to Lessor) the Indemnitees from and against any and all Claims arising
<br /> directly or indirectly, in whole or in part. out of(i) any activity by Lessee, its affiliates or its
<br /> agents or contractors carried on or undertaken on or off the Leased Premises in connection with
<br /> the handling, treatment, removal, storage, decontamination, cleanup, transport or disposal of any
<br /> Hazardous Materials located or present in, on, under or about the Leased Premises: or(ii) the
<br /> failure of Lessee to comply with any Environmental Laws relating to the handling,treatment,
<br /> presence. removal, storage, decontamination, cleanup, transportation. or disposal of Hazardous
<br /> Materials into, on. under or from the Leased Premises, except to the extent any such Claim arises
<br /> from the gross negligence or willful misconduct of the Indemnitees. The provisions of this
<br /> Section shall survive the expiration or termination of this Lease.
<br /> Notwithstanding any contrary provision hereof, the indemnity provided in this Section
<br /> 9.5 shall not apply to Claims arising in connection with or resulting from Hazardous Materials
<br /> present on the Property prior to the Commencement Date as identified in that certain Hazardous
<br /> Materials Assessment dated July 23, 2015 prepared by S Tech Consulting, LLC except Claims
<br /> resulting from or arising in connection with the negligent act or omission of Lessee or relating to
<br /> or arising in connection with the demolition of existing improvements on the Leased Premises
<br /> including without limitation, the release, transportation or disposal of Hazardous Materials in
<br /> connection with such demolition.
<br /> Section 9.6 Prevailing Wage Requirements. If required by applicable federal and state
<br /> law. Lessee and its contractors, subcontractors and agents shall comply with the federal Davis
<br /> Bacon Act and implementing regulations and with California Labor Code Section 1720 et seq.
<br /> and the regulations adopted pursuant thereto (all of the foregoing, collectively, "Prevailing
<br /> Wage Laws"), and shall be responsible for carrying out the requirements of such provisions. To
<br /> the greatest extent allowed by law, Lessee shall indemnify, defend (with counsel approved by
<br /> Lessor) and hold the Indemnitees harmless from and against all Claims which directly or
<br /> indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or
<br /> are alleged to be caused by. arise in connection with, or relate to, the payment or requirement of
<br /> payment of prevailing wages (including without limitation, all claims that may be made by
<br /> contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726
<br /> and 1781) or the requirement of competitive bidding in connection with the Project, the failure to
<br /> comply with any state or federal labor laws, regulations or standards in connection with this
<br /> Lease, including but not limited to the Prevailing Wage Laws, or any act or omission of Lessee
<br /> related to this Lease with respect to the payment or requirement of payment of prevailing wages
<br /> or the requirement of competitive bidding, whether or not any insurance policies shall have been
<br /> determined to be applicable to any such Claims. The provisions of this Section shall survive the
<br /> expiration or earlier termination of this Lease.
<br /> Section 9.7 Compliance with Laws. Lessee shall carry out and shall cause its
<br /> contractors and subcontractors to carry out the construction of the Project, and shall operate the
<br /> Project in conformity with all applicable federal, state and local laws, rules, ordinances and
<br /> regulations ("Applicable Laws"), including without limitation, all applicable federal and state
<br /> labor laws and standards, Section 3 of the Housing and Community Development Act of 1974.
<br /> as amended (if applicable), applicable provisions of the California Public Contracts Code (if
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