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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 9.6 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
<br /> any), the City's zoning and development standards, building, plumbing, mechanical and electrical
<br /> codes, all other provisions of the City's Municipal Code, and all applicable disabled and
<br /> handicapped access requirements, including without limitation, the Americans with Disabilities
<br /> Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government
<br /> Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.. To
<br /> the greatest extent allowed by law, Lessee shall indemnify, defend(with counsel approved by
<br /> Lessor) and hold harmless the Indemnitees from and against any and all Claims arising in
<br /> connection with the breach of Lessee's obligations set forth in this Section whether or not any
<br /> insurance policies shall have been determined to be applicable to any such Claims. This Section
<br /> shall survive the expiration or termination of this Lease.
<br /> Section 9.8 Affordability and Use Restrictions. Lessee hereby covenants and agrees
<br /> that the Leased Premises shall be used solely for the operation of a multifamily rental senior
<br /> housing development in compliance with the requirements set forth herein. Throughout the
<br /> Term (i) no fewer than forty-nine percent(49%) of the residential units in the Project shall be
<br /> available at Affordable Rents to Eligible Households whose income is no greater than sixty
<br /> percent (60%) of Area Median Income, and (ii) the remainder of the residential units in the
<br /> Project shall be available at Affordable Rents to Eligible Households whose income is no greater
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