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02
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2017
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101717
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10/13/2017 12:05:49 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
15Y
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adjustments are consistent with generally prevailing requirements for residential multi-family <br /> developments similar to the Project and located in the San Francisco/Alameda County area. <br /> Within thirty(30) days following Lessor's delivery of written notice of any such adjustments, <br /> Lessee shall provide Lessor with amended or new insurance certificates and endorsements <br /> evidencing compliance with such adjustments <br /> (i) Additional Insured. For all liability insurance required by this Agreement, <br /> Lessee (and Lessee's contractors, as applicable) shall obtain endorsements that name the <br /> Indemnitees as additional insured in the full amount of all applicable policies, notwithstanding <br /> any lesser minimum limits specified in this Agreement This Agreement requires Lessee (and <br /> Lessee's contractors) to obtain and provide for the benefit of the Indemnitees, additional insured <br /> coverage in the same amount of insurance earned by Lessee (or Lessee's contractors, as <br /> applicable), but in no event less than the minimum amounts specified in this Agreement In the <br /> 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 nsk or extended coverage (casualty) insurance proceeds shall <br /> be applied to the payment of the costs of repainng or rebuilding that part of the Leased Premises <br /> damaged or destroyed if(i) Lessee agrees in wnting 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 /> 16 <br /> 191\52\1656915 8 <br /> OAK#4834-9609-1684 v9 <br />
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