Laserfiche WebLink
Urban (CPI-U) for the San Francisco-Oakland-San Jose, California metropolitan area) shall <br /> require Lessor's advance written consent. <br /> Section 7.4 Indemnifications. Notwithstanding any other provision of this Lease to the <br /> contrary, and in addition to any other indemnities provided in this Lease, to the fullest extent <br /> permitted by law, Lessee hereby agrees to indemnify, protect, hold harmless and defend (by <br /> counsel reasonably satisfactory to Lessor) the Indemnitees from and against any and all Claims, <br /> arising from or relating to Lessee's obligations under this Lease or the construction or operation <br /> of the Improvements or any Alterations except to the extent any such Claim arises from the gross <br /> negligence or willful misconduct of the Indemnitees. In addition, if any contractor or <br /> subcontractor which performed any construction work for Lessee or Lessee's affiliates on the <br /> Improvements or Alterations shall assert any claim against Lessor on account of any damage <br /> alleged to have been caused by reason of acts of negligence of Lessee or Lessee's affiliates, <br /> members, partners. officers, directors, affiliates, agents, employees or construction contractors, <br /> Lessee shall defend at its own expense any suit based upon such claim; and if any judgment or <br /> claim against Lessor shall be allowed, Lessee shall pay or cause to be paid or satisfied such <br /> judgment of claim and pay all costs and expenses in connection therewith. The provisions of this <br /> Section shall survive the expiration or termination of this Lease. <br /> ARTICLE 8. <br /> MORTGAGE LOANS <br /> Section 8.1 Intentionally omitted. <br /> Section 8.2 Liens and Encumbrances Against the Leasehold Estate. The Lessee shall <br /> have the right to encumber the Leasehold Estate and the Improvements with leasehold deeds of <br /> trust, mortgages, and regulatory and affordability agreements related to the Approved Loans <br /> without Lessor's consent (collectively, "Liens") provided that all documents evidencing such <br /> Liens are consistent with the terms and conditions of this Lease and executed attachments <br /> thereto. <br /> (a) For as long as there is any Lien securing any Approved Loan: <br /> (1) Lessor shall not agree to any cancellation, termination (except for a <br /> termination for a default by Lessee which is not cured by Lessee or Lender in accordance with <br /> this Lease), or accept any surrender of this Lease, nor shall Lessor consent to any amendment or <br /> modification of this Lease without the prior written consent of the Lenders that have outstanding <br /> Approved Loans, if and to the extent required by any such Lenders. In the event that Lessor <br /> receives competing or conflicting offers to cure any default under this Lease, Lessor shall accept <br /> the offers to cure in the following order: first, Lessee or the limited partner(or members, as <br /> applicable) therein, then each Lender in the same relative priority as their respective Liens. <br /> (2) Notwithstanding any default by Lessee under this Lease, Lessor <br /> shall have no right to terminate this Lease unless Lessor shall have given the Lenders that have <br /> outstanding Approved Loans written notice of such default and such Lenders shall have failed to <br /> 19 <br /> 191\52\1656915.8 <br /> OAK#4834-9609-1684 v8 <br />