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<br />4859-3312-3005v4
<br />indirectly, in whole or in part, out of (i) any activity by Lessee, its affiliates or its agents or
<br />contractors carried on or undertaken on or off the Leased Premises in connection with the
<br />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 />Section 9.5 Prevailing Wage Requirements. If required by applicable federal or State
<br />law, Lessee and its contractors, subcontractors and agents shall comply with
<br />California Labor Code Section 1720 et seq. and the regulations adopted pursuant
<br />thereto (and if applicable due to financing sources for the Project, with the federal
<br />Davis Bacon Act and implementing regulations) (all of the foregoing, collectively,
<br />“Prevailing Wage Laws”), and shall be responsible for carrying out the
<br />requirements of such provisions. To the greatest extent allowed by law, Lessee
<br />shall indemnify, defend (with counsel approved by Lessor) and hold the
<br />Indemnitees harmless from and against all Claims which directly or indirectly, in
<br />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
<br />requirement of payment of prevailing wages (including without limitation, all
<br />claims that may be made by contractors, subcontractors or other third party
<br />claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of
<br />competitive bidding in connection with the Project, the failure to comply with any
<br />state or federal labor laws, regulations or standards in connection with this Lease,
<br />including but not limited to the Prevailing Wage Laws, or any act or omission of
<br />Lessee related to this Lease with respect to the payment or requirement of payment
<br />of prevailing wages or the requirement of competitive bidding, whether or not any
<br />insurance policies shall have been determined to be applicable to any such Claims.
<br />The provisions of this Section shall survive the expiration or earlier termination of
<br />this Lease.
<br />Section 9.6 Compliance with Laws. Lessee shall carry out and shall cause its
<br />contractors and subcontractors to carry out the rehabilitation 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
<br />any), the City’s zoning and development standards, building, plumbing, mechanical and
<br />electrical codes, all other provisions of the City’s Municipal Code, and all applicable disabled
<br />and handicapped access requirements, including without limitation, the Americans with
<br />Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq.,
<br />Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section
<br />51, et seq.. To the greatest extent allowed by law, Lessee shall indemnify, defend (with counsel
<br />approved by Lessor) and hold harmless the Indemnitees from and against any and all Claims
<br />arising in connection with the breach of Lessee’s obligations set forth in this Section whether or
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