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operation of the Leased Premises, except to the extent any such Claim arises from the gross
<br /> negligence or willful misconduct of Lessor or the Indemnitees
<br /> (b) In addition to any other indemnities provided in this Lease, Lessor shall
<br /> indemnify, protect, defend (with counsel reasonably acceptable to Lessee), and hold harmless
<br /> Lessee, its officers, employees, agents, contractors, servants, directors, members or partners from
<br /> and against all Claims arising out of, attributable to or otherwise occasioned, in whole or in part,
<br /> by any act or omission of Lessor, its agents, contractors, servants, employees, or invitees, arising
<br /> from breach of Lessor's representation and warranties or Lessor's obligations under this Lease,
<br /> except to the extent any such Claim arises from the gross negligence or willful misconduct of
<br /> Lessee or its officers, employees, agents, contractors, servants, directors, members or partners
<br /> (c) The provisions of this Section 6 4 shall survive the expiration or
<br /> termination of this Lease
<br /> ARTICLE 7
<br /> MAINTENANCE, ALTERATIONS, REPAIRS AND REPLACEMENTS
<br /> Section 7 1 Maintenance of Leased Premises, Landscaping. Until possession is
<br /> transferred to Lessee, it is Lessor's obligation, at Lessor's sole cost and expense, to keep and
<br /> maintain the Leased Premises During the Term, at Lessee's sole cost and expense, Lessee shall
<br /> keep and maintain the Leased Premises, all Improvements hereafter developed, and all
<br /> appurtenances thereunto belonging, in good and safe order, condition and repair All such
<br /> maintenance and repair shall conform to and comply with all Legal Requirements affecting the
<br /> Leased Premises
<br /> Section 7 2 Landscaping Maintenance
<br /> (a) The provisions of this Section 7 1.1 are intended to satisfy, with respect to
<br /> the Leased Premises, Condition No. 66 of the Conditions of Approval approved by the City of
<br /> Pleasanton in connection with its approval of Planned Unit Development for File No. PUD-101.
<br /> (b) Lessee, at no expense to the Lessor, shall maintain in healthful, attractive
<br /> and 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 imgation 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 nght-of-
<br /> ways. All plantings shall be maintained using generally accepted methods of cultivation to
<br /> ensure reasonably normal, healthy plant growth. Maintenance shall include replacement of
<br /> plantings, when necessary, and all ordinary and usual care, including, but not limited to,
<br /> imgation, fertilization, pest and disease control, weeding, rotation of plantings and the removal
<br /> of tnmmings, rubbish, debns, and other solid waste Lessee shall, at no expense to the Lessor,
<br /> install, maintain, repair, and replace, where necessary, such irrigation systems as are required to
<br /> provide adequate imgation in compliance with water conservation practices
<br /> (c) If, in the reasonable judgment of the City Engineer, Lessee has failed to
<br /> maintain properly any landscaping as required by this Lease, the Lessor may perform such
<br /> maintenance, at its option, after thirty(30) days' pnor wntten notice to Lessee of such failure to
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