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event that Lessee (or Lessee's contractors as applicable) obtain insurance policies that provide
<br />liability coverage in excess of the amounts specified in this Agreement, the actual limits
<br />provided by such policies shall be deemed to be the amounts required under this Agreement.
<br />Without limiting the foregoing, the limits of liability coverage specified in this Agreement are
<br />not intended, nor shall they operate, to limit City's ability to recover amounts in excess of such
<br />minimum amounts.
<br />Section 6.3 Proceeds of Insurance.
<br />(a) For so long as any Leasehold Mortgage on the Leased Premises is
<br />outstanding: All fire and standard risk or extended coverage (casualty) insurance proceeds shall
<br />be applied to the payment of the costs of repairing or rebuilding that part of the Leased Premises
<br />damaged or destroyed if (i) Lessee agrees in writing within ninety (90) days after payment of the
<br />proceeds of insurance that such repair or rebuilding is economically feasible, and (ii) each
<br />Lender permits such repair or rebuilding, provided that the extent of the Lessee's obligation to
<br />restore the Leased Premises shall be limited to the amount of the insurance proceeds.
<br />(b) If the Improvements are not repaired or rebuilt, all such proceeds shall be
<br />applied in a manner consistent with the terms of the Leasehold Mortgages.
<br />(c) In the event that no Leasehold Mortgage is outstanding, all insurance
<br />proceeds received under the policies set forth in this Article 6 shall be paid to Lessee, provided
<br />that Lessee agrees that it shall apply such proceeds for reconstruction or repair of the
<br />Improvements unless such repair or reconstruction is not economically feasible.
<br />(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.
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