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Hazardous Materials located or present in, on, under or about the Leased Premises, or(u) the <br /> failure of Lessee to comply with any Environmental Laws relating to the handling, treatment, <br /> presence, removal, storage, decontamination, cleanup, transportation, or disposal of Hazardous <br /> Matenals 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 /> Notwithstanding any contrary provision hereof, the indemnity provided in this Section <br /> 9 5 shall not apply to Claims arising in connection with or resulting from Hazardous Materials <br /> present on the Property prior to the Commencement Date as identified in that certain Hazardous <br /> Materials Assessment dated May 19, 2017 prepared by S Tech Consulting, LLC except Claims <br /> resulting from or arising in connection with the negligent act or omission of Lessee or relating to <br /> or arising in connection with the demolition of existing improvements on the Leased Premises <br /> including without limitation, the release, transportation or disposal of Hazardous Matenals in <br /> connection with such demolition <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 <br /> electncal codes, all other provisions of the City's Municipal Code, and all applicable disabled <br /> and handicapped access requirements, including without limitation, the Americans with <br /> Disabilities Act, 42 U S.C. Section 12101, et seq , Government Code Section 4450, et seq., <br /> Government Code Section 11135, et seq , and the Unruh Civil Rights Act, Civil Code Section <br /> 51, et seq To the greatest extent allowed by law, Lessee shall indemnify, defend (with counsel <br /> 27 <br /> 191\52\1656915 8 <br /> OAK 44834-9609-1684 v9 <br />