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(b) If the Improvements are not repaired or rebuilt, all such proceeds shall be applied
<br />in a manner consistent with the terms of the Senior Deed of Trust or if the Senior Deed of Trust
<br />is not outstanding, shall be applied in a manner consistent with the City Deed of Trust.
<br />(c) In the event that none of the Senior Deed of Trust, any deed of trust securing a
<br />refinancing of the Senior Loan, nor the City Deed of Trust are 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 provisions of
<br />the Senior Loan Documents, the Senior Loan Documents shall control.
<br />ARTICLE 7.
<br />MAINTENANCE, ALTERATIONS, REPAIRS AND REPLACEMENTS
<br />Section 7.1 Maintenance of Leased Premises, Landscaping. During the Term, at
<br />Lessee's sole cost and expense, Lessee shall keep and maintain the Leased Premises, all
<br />Improvements, and all appurtenances thereto, in good and safe order, condition and repair. All
<br />such maintenance and repair shall conform to and comply with all Legal Requirements affecting
<br />the Leased Premises.
<br />Section 7.2 Landscaping Maintenance.
<br />(a) Lessee, at no expense to the Lessor, shall maintain in healthful, attractive and
<br />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 (subject
<br />to applicable restrictions on irrigation and pesticide use) to ensure reasonably normal, healthy
<br />plant growth. Maintenance shall include replacement of plantings, when necessary, and all
<br />ordinary and usual care, including, but not limited to, irrigation, fertilization, pest and disease
<br />control, weeding, rotation of plantings and the removal of trimmings, rubbish, debris, and other
<br />solid waste. Lessee shall, at no expense to the Lessor, install, maintain, repair, and replace,
<br />where necessary, such irrigation systems as are required to provide adequate irrigation in
<br />compliance with water conservation practices.
<br />(b) If, in the reasonable judgment of the City Engineer, Lessee has failed to maintain
<br />properly any landscaping as required by this Lease, the Lessor may perform such maintenance, at
<br />its option, after thirty (30) days' prior written notice to Lessee of such failure to maintain. In
<br />such event, the Lessor's performance of such maintenance shall be at the Lessee's sole expense
<br />and Lessee, upon demand by the Lessor, shall pay to the Lessor all reasonable expenses incurred
<br />by the Lessor in the performance of such maintenance.
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<br />4859-3312-3005v5
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